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Georgetown law professor David D. Cole tried to persuade the Justices that his client, the Humanitarian Law Project, was only engaged in benign, nonviolent activities when it assisted the PKK, a Kurdish separatist group on the U.S. list of terrorist organizations. A 1996 law makes it a crime to provide “material support” to such groups.

Cole argued that the kind of speech activities, such as legal assistance, that the Humanitarian Law Project wants to do should be protected by the 1st Amendment.